Wto tbt agreement

CONFORMITY ASSESSMENT
FOR THOSE WHO DID NOT ATTEND CA 101 -•

CONFORMITY ASSESSMENT (CA) PROCEDURES INCLUDE:
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SAMPLING AND TESTING
INSPECTION
CERTIFICATION
MGT. SYSTEM REGISTRATION
ACCREDITATION
ACCREDITATION PROGRAM RECOGNITION

PROCEDURES USED TO CONFIRM THAT
PRODUCTS/SERVICES FULFILL REQUIREMENTS IN
REGULATIONS/STANDARDS.
CA SYSTEMS SHOULD BE LOOKED AT AS A WHOLE
INCLUDING STANDARDS THAT UNDERLIE THEM.


WHY SHOULD YOU CARE ABOUT
CONFORMITY ASSESSMENT?

NON-TRANSPARENT/DISCRIMINATORY CA CAN BE USED AS
EFFECTIVE PROTECTIONIST TOOLS – POSSIBLY MORE
IMPORTANT THAN EVEN STDS.
INCOMPETENTLY CONDUCTED/INADEQUATE CA OR POORLY
WRITTEN STDS/REGULATIONS THAT UNDERLIE THEM CAN
CREATE MARKETPLACE DECEPTION AND MISINFORMATION.
COMPETENTLY CONDUCTED CA BASED ON WELL WRITTEN
STANDARDS CAN BE A VALUABLE MARKETPLACE TOOL –
CAN’T ALWAYS ASSESS PRODUCTS BY LOOKING AT THEM.
CA REQUIREMENTS CAN AFFECT YOUR COMPANY’S BOTTOM
LINE!


WTO TBT AGREEMENT AND
CA PRINCIPLES
WILL BE VERY BRIEFLY COVERING:
WTO,
TBT AGREEMENT AS IT RELATES TO CA,
SEVERAL WTO/TBT PRINCIPLES, AND
ARTICLE 8 - PROCEDURES FOR
ASSESSMENT OF CONFORMITY BY NONGOVERNMENTAL BODIES


WTO AGREEMENTS
• WORLD TRADE ORGANIZATION (WTO) CAME INTO
BEING IN 1995.
• WTO IS SUCCESSOR TO THE GENERAL AGREEMENT
ON TARIFFS AND TRADE (GATT) ESTABLISHED
AFTER SECOND WORLD WAR.
•WTO IS ONLY GLOBAL INT’L ORGANIZATION

DEALING WITH TRADE RULES AMONG NATIONS.
• WTO AGREEMENTS NEGOTIATED/SIGNED BY 144
TRADING NATIONS AS OF 1/1/2002.


TBT AGREEMENT
• SEEKS TO ENSURE THAT REGS/STDS AND CA PROCEDURES DO
NOT CREATE UNNECESSARY OBSTACLES TO TRADE.
• HOWEVER, AGREEMENT RECOGNIZES THAT COUNTRIES HAVE
RIGHT TO ESTABLISH PROTECTION, AT LEVELS THEY
CONSIDER APPROPRIATE, FOR EXAMPLE FOR PROTECTION OF
HUMAN, ANIMAL OR PLANT LIFE/HEALTH, ENVIRONMENTAL
PROTECTION, OR PROTECTION OF NATIONAL SECURITY.
• AGREEMENT STATES THAT COUNTRIES SHOULD NOT BE
PREVENTED FROM TAKING MEASURES NECESSARY TO ENSURE
LEVELS ARE MET.
• AGREEMENT ENCOURAGES COUNTRIES TO USE INT’L STDS
WHERE APPROPRIATE, BUT DOES NOT REQUIRE THEM TO
CHANGE THEIR LEVELS OF PROTECTION.


TBT PRINCIPLES
AVOIDANCE OF UNNECESSARY OBSTACLES
TO TRADE
NON-DISCRIMINATION AND NATIONAL
TREATMENT
EQUIVALENCE OF TECHNICAL
REGULATIONS
HARMONIZATION
MUTUAL RECOGNITION OF CA PROCEDURES

TRANSPARENCY


AVOIDANCE OF UNNECESSARY
OBSTACLES TO TRADE
UNNECESSARY OBSTACLES TO TRADE CAN RESULT FROM
STRICTER/MORE TIME-CONSUMING PROCEDURES THAN
NECESSARY TO ASSESS THAT PRODUCTS COMPLY WITH
DOMESTIC LAWS/ REGULATIONS OF IMPORTING
COUNTRY.
EXAMPLES OF SPECIFIC REQUIREMENTS - INFORMATION
REQUIREMENTS SHOULD BE NO GREATER THAN NEEDED;
SITING OF FACILITIES TO CARRY OUT CA AND SELECTION
OF SAMPLES SHOULD NOT CREATE UNNECESSARY
INCONVENIENCE TO AGENTS (ARTICLES 5.2.3 AND 5.2.6).
THERE ARE MANY OTHER REQUIREMENTS IN TBT
AGREEMENT.


NON-DISCRIMINATION AND
NATIONAL TREATMENT
CA PROCEDURES ARE TO BE APPLIED TO PRODUCTS
IMPORTED FROM OTHER WTO MEMBERS "IN A MANNER NO
LESS FAVORABLE THEN THAT ACCORDED TO LIKE
PRODUCTS OF NATIONAL ORIGIN AND TO LIKE PRODUCTS
ORIGINATING IN ANY OTHER COUNTRY" (ARTICLE
5.1.1).
EXAMPLES OF REQUIREMENTS FROM ARTICLE 5.2:
IMPORTED PRODUCTS MUST BE TREATED EQUALLY WITH
RESPECT TO FEES CHARGED.

MEMBERS MUST RESPECT CONFIDENTIALITY OF INFORMATION
OBTAINED AS RESULT OF CA PROCEDURES FOR IMPORTED
PRODUCTS IN SAME WAY AS FOR DOMESTIC PRODUCTS SO
THAT COMMERCIAL INTERESTS ARE PROTECTED.

THERE ARE A NUMBER OF OTHER SPECIFIC REQUIREMENTS
SPELLED OUT IN ARTICLE 5.2.


EQUIVALENCE
BECAUSE:
(1) REACHING CONSENSUS ON REGS/STDS/CA
REQUIREMENTS CAN TAKE YEARS; AND
(2) TIME BETWEEN ADOPTION OF AN INT’L STD AND
ITS IMPLEMENTATION BY NATL REGULATORS CAN BE
SIGNIFICANT
TBT AGREEMENT INTRODUCED COMPLEMENTARY APPROACH
TO HARMONIZATION, KNOWN AS EQUIVALENCE.
TBTs CAN BE REDUCED/ELIMINATED IF MEMBERS ACCEPT
THAT DIFFERING REGULATIONS (INCLUDING CA
REQUIREMENTS) CAN FULFILL SAME POLICY OBJECTIVES.


HARMONIZATION
AGREEMENT ENCOURAGES MEMBERS TO USE INT’L STDS
(INCLUDING THOSE FOR CA) FOR NAT’L REGULATIONS
UNLESS "THEIR USE WOULD BE INEFFECTIVE OR
INAPPROPRIATE" TO FULFILL A GIVEN POLICY
OBJECTIVE, SUCH AS PROTECTION OF NAT’L
SECURITY, PREVENTION OF DECEPTIVE PRACTICES,

PROTECTION OF HUMAN HEALTH OR SAFETY,
PROTECTION OF ANIMAL OR PLANT LIFE, OR
PROTECTION OF ENVIRONMENT.
CA PROCEDURES THAT ARE IN ACCORDANCE WITH
RELEVANT INT’L STDS ARE PRESUMED "NOT TO CREATE
AN UNNECESSARY OBSTACLE TO INT’L TRADE."


MUTUAL RECOGNITION OF CA
PROCEDURES
COSTLY MULTIPLE TESTS/PRODUCT CERTIFICATIONS
COULD BE DRASTICALLY REDUCED IF PRODUCT COULD
BE TESTED ONCE AND TEST RESULTS ACCEPTED IN ALL
MARKETS.
ARTICLE 6.3 OF TBT AGREEMENT STRONGLY
ENCOURAGES MEMBERS TO ENTER INTO NEGOTIATIONS
FOR MUTUAL ACCEPTANCE OF CA RESULTS.
HOWEVER, HIGH DEGREE OF CONFIDENCE IN TESTING/
CERTIFICATION BODIES IS PREREQUISITE FOR MRA.
ARTICLE 6.1 RECOGNIZES THAT PRIOR CONSULTATIONS
MAY BE NECESSARY.
COMPLIANCE BY CA BODIES WITH RELEVANT INT’L
GUIDES/RECOMMENDATIONS CAN BE AN INDICATION OF
ADEQUATE TECHNICAL COMPETENCE.


TRANSPARENCY
• PUBLISH NOTICE OF PROPOSED REGULATION
AT AN EARLY STAGE.
• NOTIFY APPROPRIATE PROPOSED REGULATIONS

(INCLUDING THOSE CONTAINING CA
REQUIREMENTS) TO WTO SECRETARIAT.
• PROVIDE COPIES IF REQUESTED
• ALLOW TIME FOR COMMENTS.
• CONSIDER COMMENTS.
• ESTABLISH AN INQUIRY POINT AND RESPOND
TO QUESTIONS.


ARTICLE 8 - PROCEDURES FOR ASSESSMENT OF
CONFORMITY BY NON-GOVERNMENTAL BODIES
• MEMBERS SHALL:
– TAKE REASONABLE MEASURES TO ENSURE NONGOVERNMENTAL
CA BODIES WITHIN THEIR TERRITORIES COMPLY WITH
PROVISIONS OF ARTICLES 5 AND 6, EXCEPT FOR
NOTIFICATION.
–

NOT DIRECTLY/INDIRECTLY REQUIRE/ENCOURAGE SUCH
BODIES TO ACT IN MANNER INCONSISTENT WITH
PROVISIONS OF ARTICLES 5 AND 6.

–

ENSURE THAT CENTRAL GOVERNMENT BODIES RELY ON CA
PROCEDURES OPERATED BY NONGOVERNMENTAL BODIES ONLY
IF CA BODIES COMPLY WITH PROVISIONS OF ARTICLES 5
AND 6, EXCEPT FOR NOTIFICATION.